TACOMA, Wash. -

A deputy who was accused of agreeing not to arrest a woman in exchange for sex is no longer facing a felony charge.

The News Tribune reports 35-year-old Deputy Joey Tracey pleaded not guilty earlier this year to first-degree custodial sexual misconduct and official misconduct.

John Sheeran of the Pierce County prosecutors' office said evidence did not prove beyond a reasonable doubt that Tracey had sex with the woman while she was detained.

The sexual misconduct charged was dropped by prosecutors Oct. 4.

Defense attorney Brad Meryhew said he gave prosecutors text message conversations between the woman and deputy that called into question who initiated the contact and whether it was consensual.

Tracey's employment status is unknown.